The Decision of the Fair Competition Commission on Complaint No 2 of 2009 on Abuse of Dominance Involving SBL and TBL.

Parsuant to section 58(1), (3) and (6) of the fair competition Act, 2003, the Commission imposes the following oders.

I, that the understandings and arrangements in any from between Tanzania Breweriers Limited and Serengeti Breweriers Limited on yhe use of Euro bottles and their carrying crates are void and hence nullified.

II, That Both TBL and SBL to adhere to each one's marketing startegies there have to be no any kind of agreement between TBL and SBL as competitors on the shearing of the carculating Euro bottles and their carrying crates, or whatever agreements which may likely harm competition, Each company has to seek and implement possible mechanism to ensure that its crates and bottles are clearly identifiable to their intended customers.

III, That each company to publish three times in the local dailies circulating nationally on working days, (both English and Swahili) TV and Radio media explaining how the dispute has been decided by the commission and inform the public about the silent features of each one's bottles and crates. The said publications shall have to be approved bythe Director General of the Fair Competition Commission before the publication and have to be effected within 30 days fromthe date of this decision.

2.2 For the main comlaint

I, That pursuant to sections 60(1) and 78(1) (f) of the Fair Competition Act 2003 and Rule 41 of the Fair Competition Procedure Rules 2009, Tanzania Breweriers Limited is odered to pay a fine of 5 percent of its annual tumover as per their last audited accounts for theoffences of entering into anti-compititive branding agreements which outlet owners and removing SBL posters and signage.